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Lawrence v. State12/14/2001
997). Ms. Lawrence was only charged with one offense that included an element of causation, the DUI manslaughter charge. Thus, Ms. Lawrence was appropriately punished once for having caused one death.
Finally, we note that in both Chapman and Cooper the defendants were each convicted of two offenses that stemmed from a single act. The defendant in each case committed the offenses simultaneously. Here, Ms. Lawrence's offenses arose from two separate acts that occurred sequentially. She first operated her vehicle while intoxicated and caused a death. Thereafter, she left the scene of the accident when she knew or should have known of the death.
Thus, we now recede from Pelham because we conclude that Ms. Lawrence's convictions on both counts do not constitute double jeopardy and do not contravene any legislative intent. Based on the foregoing, we affirm Ms. Lawrence's convictions for both offenses.
BLUE, C.J., THREADGILL, PARKER, FULMER, WHATLEY, NORTHCUTT, GREEN, CASANUEVA, SALCINES, STRINGER, DAVIS, SILBERMAN, and COVINGTON, JJ., Concur.
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